What Is Probate Real Estate? | BidMyListing

Apr 12, 2023 9:00:00 AM / by

An Introduction to Probate Real Estate

What Is Probate Real Estate?

Probate real estate is the process a deceased individual's estate must undergo to administer the property left behind. While the investment style of probate real estate is quite similar to traditional investing, the two have some crucial differences. The main one is that you do not have complete control over the property. That's because you will be named a trustee when you purchase a property using probate real estate. If someone wishes to buy the house from you, they must go through you first since it is your name on the deed, not theirs.

The executor (the person who buys the house) is the one who makes the distribution to their various beneficiaries. It is typically a lawyer or a business manager that serves this role. You will be very involved when probate real estate is your investment method.

How It Works

This is a step-by-step guide to the process:

1. Designate the Executor of the Estate

A person will be responsible for managing and ultimately selling your property. You don't have a lot of say in this decision; it's ultimately up to the people you are working with. They may choose someone else entirely if they choose not to use you as an executor.

2. Engage a Probate Lawyer and File a Petition to Start the Process

Once the executor has been chosen, they will have to have the lawyer come up with a petition that they can use to start the probate process. This petition will detail everything about the person who died, their property, and their assets. It should include information such as what type of property it is (mortgage-free or not), where it's located, and how much money is tied up in real estate (so you can determine how much closer you need to get to selling someone's house), etc. Once this petition has been filed with a court, it will probably take 10-30 days for its review and approval to be granted.

3. Inventory the Estate and Gather Important Documents

You'll need to include all sorts of information, including but not limited to How much the property is worth, A full list of all heirs, family members, and people living on the property, The amount owed on the mortgage for each house, The wishes of the deceased in terms of what should happen with their estate, Once these documents have been gathered. Everything is inventoried and listed; you'll need to store them in a safe place where no one can access them.

4. Seek the Assistance of a Skilled Real Estate Agent

Once the probate process has been initiated, a skilled real estate agent will contact you. It is someone whose job is to look at your property, assess your situation, and determine if you are ready for the next step. If this agent believes you are not yet ready to sell, they may send you a letter that guides you in sending the property to another agent who can help make it a successful sale.

5. Manage the Estate's Finances and Pay Debts

The executor will be in charge of managing the deceased person's estate. It means they must sit down with the probate lawyer and work out a budget for managing the estate's funds. It will include figuring out what bills are owed and need to be paid and setting a compensation plan for themselves and anyone who helps them manage the trust. They will also need to look at how much money is left over after all debts have been paid to decide how much money they need to sell each property and make it a successful sale.

6. Await Asset Transfer

Once everything has been inventoried, you will be out of the dark and into the light. That's because here, you'll see your property's value. You'll now know exactly how much it is worth and how much the mortgage is on it. If you see that the value of your property is more than the cost of the mortgage, you can breathe a sigh of relief because, at this point, you are all good. You know that at least that property can be sold at a profit.

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Benefits of Probate Real Estate

Lower Prices for Buyers

It is a charitable endeavor, and homes and property values are usually lower than those on the traditional market. It makes buying your house or property easier for people to pay a lower price.  It also means that more people can afford to purchase your home. It means you might see better margins when selling your property, allowing you to keep an almost full wallet after all expenses have been paid.

Fewer Competing Bidders

Because no one is willing to bid on your property, you won't have to deal with other real estate agents who may want to undercut your offer to make more cash. It means that the only people interested in your property will be those willing to pay the cost of the mortgage and then some, leaving you with a nice profit after things are settled.

Opportunities for Investment

Whether you rent the home out or keep it for yourself, owning your property has plenty of benefits. That's why it can be a great option for people who want to get into the game but aren't sure how to begin. Because the properties are cheaper than those available through traditional methods, they make great investments. If you are willing to invest in one, it might not be long before it pays off and gives you a lot of money as a reward for your hard work and dedication.

Risks of Probate Real Estate

Complicated Legal Process

The probate process involves a lot of legal paperwork, even more than ongoing real estate management. It means a lot is at stake, and you may find yourself fighting a lost cause if you don't have the right insurance or help. In the end, it may not be worth it.

Property Condition May Be Unknown

It doesn't provide the same level of information you would get if you were selling through another method. It means that the property's condition is unknown, and you cannot easily discover what needs to be fixed, repainted, remodeled, or anything else that might be in need. As a result, you may find yourself putting more energy into fixing things than the value of your property warrants.

Possible Delays in Closing

The probate process can take some time. It means that when you go to sign the final documents, it could be several weeks or even months before everything is finalized and the money is transferred into your account.

Strategies for Selling Probate

1. Preparing the Property for Sale

Real estate agents and potential buyers will want to see a property that looks as good as possible. You must find time in your busy schedule for a home improvement project. Be sure that the home is well put together because there are sure to be people who come by and want to walk through it and ask questions about it. Learn more about how to prepare a house for sale here.

2. Pricing the Property Right

You'll need to do this even if you think the property is overvalued. Remember that if you don't do this, no one else will, which means that you could end up keeping the property for yourself, only to have the price drop once someone else comes by and sees what you did in your home and tries to undercut you.

3. Marketing the Property to Potential Buyers

With property worth less than the mortgage, you'll need to put much effort into finding potential buyers. To make it easy for potential buyers, you'll need to put in an all-out effort. Put up signs around town and on your other properties that display the name of the trust, the date when the trust was created, and a list of areas where all property should be sold. Use Facebook and Twitter to promote your property on these social media platforms.

Working with a Probate Real Estate Agent

Working with a qualified real estate agent can help you deal with much of the paperwork involved in probate. They can check how much money the trust has to work with and how much it is worth in the real estate market. If necessary, they'll help you sort through which properties are worth more than the mortgage and which aren't. They'll make sure that all financial obligations are met and will be able to help you sell as many properties as possible to maximize profits for all parties involved.

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Probate in real estate is an exciting option that allows you to own the property you live in and the one you use to run your business from if it's leased. The process is a lot of work, but it's possible to use all of the legal paperwork to get your property out there and make more money than you would have under any other circumstance.

To learn more about selling your home, visit our Home Seller Resources >

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